Someone may be infringing my patent — what should I do?

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Beyond the Patent · Accepted Answer

Document first, contact second. Build an evidence-of-use file showing exactly how their product meets your claims — that file is simultaneously your licensing pitch and your litigation foundation. And know the stakes before escalating: the median mid-size patent case costs about $1.7 million through trial.

The professional sequence: confirm the infringement element-by-element (public product documentation carries you far), assess the infringer's revenue and your patent's strength honestly, then choose the opening move — a licensing conversation, a brokered sale to someone with enforcement appetite, or a demand letter drafted by litigation counsel.

The perspective that saves fortunes: an infringer is a customer who doesn't know it yet. Most monetization that starts with 'they're stealing from me' ends better as 'here's why licensing beats the alternative' — for them and for you. Strategy first, letters second; the order matters more than owners expect.

Someone may be infringing my patent — what should I do?

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Where does your patent stand?

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